Respondents: Johnny Ball, Principal Broker and Ezekiel Langston Barrett, Salesperson, Whitetail Properties Real Estate, LLC, Little Rock, Arkansas, Formal Hearing #3635 - Consent Order
Violations: Commission Rules 8.5(a), 10.4(b), 10.4 (d), 10.10(a), and Arkansas Code Annotated §17-42-311(a)(2).
Sanctions: The Arkansas Real Estate Commission ordered Respondent Ball to pay $5,500 in penalties and complete the 30-hour broker post-license course within six months of date of the order.
The Arkansas Real Estate Commission Ordered Respondent Barrett to pay $4,500 in penalties and complete the 18-hour salesperson post-license course within six months of the date of the order.
The Arkansas Estate Commission ordered that Respondents Ball and Barrett jointly and severally pay the Complainant restitution in the amount of $6,000 within thirty days of the date of the order. Upon proof of payment of restitution to the Complainant the Commission would reduce the disciplinary fines against Respondents Barrett and Ball by the respective restitution amounts paid by each Respondent.
Summary: Respondents acted as dual agents in the sale of the subject property which included acreage and a residence. The Complainant Buyer lived out of state and relied upon information provided by Respondent Barrett regarding the property. Respondent Barrett failed to properly reduce the agreements of parties to writing regarding requested repairs. Respondent Barrett further communicated to the Complainant Buyer that requested repairs were made without determining that the repairs were made to the Complainant Buyer’s satisfaction. Upon moving to the property, Complainant Buyer discovered issues with the property. The Complainant Buyer decided to sell the property and accepted an offer. Following an inspection of the
property it was discovered that repairs the Complainant was told were completed had not in fact been completed. The Respondent Broker resided in Little Rock, the Respondent Salesperson resided in Harrison, and the subject property was located in Leslie.